BMV sued by ACLU

Group trying to halt Bureau from revoking driver's licenses.

Group trying to halt Bureau from revoking driver's licenses.

February 09, 2008|JOSEPH DITS Tribune Staff Writer

The American Civil Liberties Union of Indiana filed a lawsuit Friday -- and will seek an injunction Monday -- to stop Indiana's Bureau of Motor Vehicles from revoking thousands of driver's licenses and ID cards. The lone plaintiff in the class-action suit, filed in Indianapolis, is a South Bend attorney. The BMV has estimated that it will revoke up to 56,000 of the licenses and cards statewide this month. The BMV had compared its records with a Social Security database, then sent letters in November to 206,000 license and ID holders, asking them to fix names, dates of birth or Social Security numbers that didn't match. The deadline to fix the records was Jan. 31. The lawsuit argues that the state must hold a hearing before revoking a person's driver's license -- which the suit says is a matter of due process. Also, the suit argues that Indiana law and the U.S. Constitution don't allow the state to make up a rule to take away licenses when BMV and Social Security records don't match. Indiana was the 48th state to compare driver's licenses and Social Security records. There has been much concern that illegal immigrants could lose licenses and property. On the flip side, many people write to The Tribune that the state must take steps to curb illegal immigration. But Ken Falk, the ACLU's legal director, said this isn't an immigration issue. In fact, the local woman named in the suit, Lyn Leone, is a U.S. citizen. Her story isn't unique among the people who received BMV letters. According to the suit, the name on her birth certificate is Mary Lyn Leone, the same name used when she got a Social Security number as a child. But since she became an adult, she has gone by Lyn Leone, the name registered on her driver's license. "For my entire adult life, I have been Lyn Leone," she told The Tribune. "And now, in one fell swoop, they're going to invalidate me." The suit states that she has used the name Lyn Leone to practice law, buy and sell property, use a credit card, write checks, register to vote and, for more than 40 years, drive a car in Indiana. The suit states that she doesn't want to go through the expense and hassle of having to change her name in court. The ACLU lawsuit was filed in Marion Superior Court in Indianapolis. Falk plans to file a request Monday for an injunction through the court. The next step would be a hearing. Falk said he has gathered stories and support from people across the state. "You're entitled to have a driver's license, and the state can't come and take it away from you," he said by phone from his Indianapolis office. BMV Commissioner Ron Stiver said in a news release that the agency doesn't comment on pending legislation. "We have been both thorough and transparent throughout the Social Security verification process, which is designed to ensure the accuracy of BMV records and to safeguard against identity fraud," Stiver said. Letters about revoked licenses and ID cards could go out yet this month, BMV spokesman Dennis Rosebrough said. The agency had expected to check BMV and Social Security records one more time this past week, but that hasn't happened yet, he said. Staff writer Joseph Dits: jdits@sbtinfo.com (574) 235-6158